The Trump Administration’s Double Standard of Justice
A federal judge will decide next month whether the U.S. legal system treats presidential allies differently from presidential antagonists.
What If We Wrote the Constitution Today?
Proposals from libertarian, conservative, and progressive scholars displayed a few striking differences—but also some profound similarities.
Thank Goodness for the Independence of America’s Judiciary
The courts have refused to be made pawns in President Trump’s efforts to overturn the election.
Trump’s Election Litigation Will Have Lasting Effects
These lawsuits have upended courts’ role in interpreting voting laws.
Minority Rule Cannot Last in America
It never has.
There Aren’t Serious-Enough Consequences for Those Trying to Break American Democracy
What the president and his lawyers have been attempting to do deserves punishment that will likely never come.
Biden Could Expand Abortion Access, Even Without the Senate
The path lies not in legislation but through the deregulation of mifepristone—the only drug the FDA has approved to safely and effectively terminate an early pregnancy.
The Flynn Pardon Is a Despicable Use of an Awesome Power
The president’s abuse of his clemency power is an assault on one of the few truly humane aspects of the American legal system.
Republicans With Any Love of Country Must Acknowledge That Trump Has Lost
Each day, it becomes more urgent that Republicans and conservatives speak in defense of institutions and in defiance of the president’s posture.
Congress Needs to End This, Now
The legislative branch is constitutionally charged with checking abuses in the executive branch—and it must act to ensure a smooth transition.
No Self-Respecting Lawyer Should Touch Trump’s Election-Fraud Claims
The president may not have to worry about keeping a job after January 20, 2021, but the attorneys doing his bidding at the moment certainly do.
Trump Needs Three Consecutive Hail Mary Passes
The president’s litigation strategy is unlikely to succeed, but it’s doing great harm in the meantime.
The Fallout of a SCOTUS Health-Care Decision Could Be Quick, Devastating, and Irreversible
Millions of Americans could lose their insurance—and neither Joe Biden nor the states will be in a good position to do much about it.
Trump’s Lawsuits Are Politics Disguised as a Legal Strategy
His bald complaints are not viable legal claims—and the courts won’t save him.
Nothing Changes at the Stroke of Midnight Tonight
Counting ballots takes time—and the process isn’t required to arbitrarily stop at the end of Election Day.
‘America Is a Republic, Not a Democracy’ Is a Dangerous—And Wrong—Argument
Enabling sustained minority rule at the national level is not a feature of our constitutional design, but a perversion of it.
How the Court Inverted Constitutional Protections Against Discrimination
What was once constitutionally prohibited is now constitutionally required.
‘Religious Equality’ Is Transforming American Law
The idea that people of faith must be protected from discrimination—even when that means they themselves will discriminate against others—is gaining traction in the courts.
The Transition Is Already Happening (And It’s Going Fine So Far)
Even if Trump were resolved to thwart a smooth transition, much of the process lies entirely outside his control.
Amy Coney Barrett’s Judicial Philosophy Doesn’t Hold Up to Scrutiny
The Constitution should be the sturdy vessel of our ideals and aspirations, not a derelict sailing ship locked in the ice of a world far from our own.
Republicans Don’t Know What to Do With Their Bad-Faith ACA Case
The Court may well invalidate the law, but not without taking a considerable risk.
The Forgotten Third Amendment Could Give Pandemic-Struck America a Way Forward
An overlooked corner of the Constitution hints at a right to be protected from infection.
The Mess Congress Could Make
The Bush v. Gore fight has become the template of a disputed election, but many of the worst-case scenarios could end up before Congress, not the Court.
Life Without Parole for Kids Is Cruelty With No Benefit
The United States is the only country that allows this practice, and soon the Supreme Court could get rid of it.
The Amy Coney Barrett Hearings Were a Failure
The multiday spectacle gave viewers little understanding of the most important issue the Court will rule on: how Americans vote and whether those votes matter.
Stephanie Wolkoff’s Revelations Are Exactly What the First Amendment Should Protect
And the Department of Justice’s lawsuit against her is a disgrace.
The Secret Code of the Amy Coney Barrett Hearing
Pay attention to phrases such as settled law and stare decisis, and a whole other layer of meaning will come to the fore.
America’s Judiciary Doesn’t Look Like America
Those tasked with administering justice are overwhelmingly white and male, while the country is not.
Senate Republicans Are Playing a Dangerous Game With the Court’s Legitimacy
The concept of precedent isn’t valuable just for the guidance it provides but also for the confidence it instills in political and legal systems. Republicans are treating it recklessly.
The Constitution Is On Pause in America’s Courtrooms
Seven months into the pandemic, courts around the country are beginning to restart their criminal dockets. But the practical obstacles are staggering.
What’s So Great About a Written Constitution?
Having one document that sets up a government does not result in better democratic outcomes than having a mix of statutes, norms, and precedents.
Courts Are Taking Away One of Americans’ Best Options for Fixing Voting
The Supreme Court told citizens to improve the country’s democracy by passing ballot initiatives. They tried.
The Man Who Wanted to Save the First Amendment by Inverting It
In the 1940s, the scholar William Ernest Hocking envisioned a theory under which the government actively facilitated free speech.
A Warning From Michigan
The state previews how far Republican judges will go to obstruct Democrats in office.
What Happens If a Presidential Candidate Becomes Incapacitated or Dies
Rules exist for what could come next, but they won’t prevent total chaos.
I Worked on 5 SCOTUS Confirmation Hearings. Rushing the Process Will Be a Disaster.
There’s simply not enough time to do this properly before the election.
Judiciary Reform Is Not Revenge
Expanding the Supreme Court makes sense for both practical and constitutional reasons.
The Fanatic
Bill Barr is convinced that the country is betraying its founding—and that it’s up to him to stop it.
RBG’s Greatest Insight
The justice understood that the two great principles of American democracy—equality and liberty—are not at odds, but rather integral to each other.
The Great Liberal Reckoning Has Begun
The death of Justice Ruth Bader Ginsburg concludes an era of faith in courts as partners in the fight for progress and equality.
Term Limits Won’t Fix the Court
But they could help restore confidence in the confirmation process and eliminate public concerns about aging justices.
To Have Known Her
Remembering a woman who meant the world to those lucky enough to work for her
A Dangerous Moment for the Court
And the country.
RBG’s Life, in Her Own Words
In one of her most revealing interviews, the justice discusses her losses, her struggles, and her hope for the future.
The Weaponization of the Free-Exercise Clause
The Supreme Court’s majority is transforming this onetime protection into a sword to strike down hard-fought advances in civil rights.
How the Government Lost Its Mind
Over the past 50 years, America has given up on the Enlightenment-era ideals of its Founders—and the country’s coronavirus disaster is the result.
The Terrifying Inadequacy of American Election Law
The country has narrowly averted catastrophic deadlocks over the presidential-election outcome before. We may not be so fortunate in 2020.
The Smart Way to Fix the Filibuster
Rather than completely eliminate the procedure, Democrats should reform it so that it continues to exist for truly extraordinary circumstances.
The U.S. Is Facing the Possibility of a Truly Illegitimate Election
But Americans can still fight to protect democracy this year and beyond.
The U.S. Shouldn’t Get to Decide If a Navajo Man Dies
His tribe objected. The victim’s family objected. Even the case’s original prosecutor objected. But he’s scheduled to get the death penalty anyway.
I’m a Historian. I See Reason to Fear—And to Hope.
We can’t assume that all will be fine in the end, but history shows us that times of unrest are opportunities, too.
The Constitution Is Perfectly Clear About Citizenship
The persistence of birtherism is a depressing feature of our corrupt and hateful national dialogue.
The Other Way Trump Could Destroy the Next Presidency
Short of an outright constitutional crisis, a lot could still go horribly wrong.
The Whole Concept of ‘Unlawful Assembly’ Is a Mess
“Unlawful assembly” is like “illegal writing” or “forbidden religious exercise”: There surely may be such a thing, but what qualifies?
Reform the Court, but Don’t Pack It
The goal shouldn’t be to make the Court less ideological, but to make it less powerful.
Trump Has Launched a Three-Pronged Attack on the Election
And it starts with undermining the U.S. Postal Service.
The Supreme Court Is Avoiding Talking About Race
Saying nothing often is saying something.
The Nation’s First Civil-Rights Law Needs to Be Fixed
Section 1981 has been on the books for more than 150 years. But its promise has never been fulfilled.
Can Anything Be Done to Rein In the President’s Speech?
Trump’s words are dangerous, and society must find ways big and small to push back.
There Is Nothing Conservative About What Trump Is Doing in Portland
Unconstitutional police activity is not conservative. It’s authoritarian.